'Knowing' matters the most

Carl Fowler (guest column, Dec. 11) is entitled to his own opinion, however, he is not entitled to his own set of facts. Fowler’s column concerning sex-offender policies contains a number of incorrect assertions about the law in Texas.

Fact number one: An eighteen year old sex offender who has participated in a liaison with a 14- or 15-year-old victim is not required to register as a sex offender for the rest of his or her life. The sex offender registration statutes are too complicated to summarize here, but the situation described by Fowler would likely result in registration for 10 years.

Fact number two: Under Texas law, an individual is placed on deferred adjudication for a felony sexual crime after a law enforcement investigation, a grand jury review of that investigation, and the return of a true bill which results in an indictment. The defendant then enters a plea of guilty before a magistrate who, having reviewed the file and the evidence, concludes that there is sufficient evidence to find the defendant guilty of the crime charged. The magistrate then announces that conclusion on the record in open court. The above summary is a far cry from an “unsubstantiated accusation,” as argued by Fowler. Furthermore, Fowler’s assertion that no admission of guilt is required is simply incorrect.

Fact number three: Obtaining a jury conviction for a sexual offense against a child is extremely challenging. There is usually sparse physical evidence and what physical evidence exists is often consistent with other explanations. There are usually very few witnesses. A sexual violation of child usually takes place “in the back, in the corner, and in the dark.” The child is often the only witness. Finally, most of us harbor a built in bias against children as witnesses, whether we realize it or not. In a swearing match between a child and an adult, the child rarely wins. Fowler’s polemic that our system automatically hands down a conviction, with every child out cry, is laughable. Offenders enter guilty pleas to obtain deferred adjudication because they are guilty. In fact, they are required to acknowledge in open court that “I am pleading guilty because I am guilty and for no other reason.”

Fact number four: Yes, children sometimes lie. Thank God adults never do. Fowler argues that since children are capable of telling a lie, every offender’s prosecution is suspect. His argument is without merit. That is why our system requires a trial or a plea agreement. The trial affords the defendant or his attorney an opportunity to test the weight and quality of the evidence before a judge or jury. The defendant is not required to prove anything. The State of Texas must prove beyond all reasonable doubt that the defendant is guilty of each and every element of the offense alleged. Furthermore, the state must convince each of the twelve jurors. If even one juror has a reasonable doubt as to the defendant’s guilt, no conviction can be had. Offenders who enter guilty pleas do so because they believe the evidence will be damning and the jury will hammer them. The defendant’s who go to trial believe the evidence is lacking and that the jury will not convict.

There are other erroneous claims in Fowler’s column, but these will suffice to demonstrate that his polemic is specious. He even asserts that cameras do not deter red-light violations and then concedes that his is deterred by those same cameras. Ostensibly, Fowler wrote to suggest that the proposed city ordinance, to limit where sex offenders may live, will be an ineffective tool. What will surprise some is that I agree with Fowler on that issue. The key to deterring sex offenders is not dictating their addresses. The keys to deterring sex offenders are vigorous investigation, prosecution and registration.

Where they live is not nearly as important as knowing where they live.

James A. Farren has served as criminal district attorney in Randall County since 1995.